4491 Rezone Small Bay PD/5th Street PD, 251 S. White CedarOrdinance No. 2019-4491
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 9.39 acres in size and adding acreage
to and amending the specific uses and development standards within
the Small Bay PD and creating the 5th Street PD; approving a PD
master plan; providing for the rezoning of real property located at 251
South White Cedar Road and assigned Tax Parcel Identification
Numbers: 26 -19 -30 -SAE -0300-0000, 26 -19 -30 -SAE -030A-0000,
26-19-30-5AE-030B-0000, 26 -19 -30 -SAE -030C-0000,
26-19-30-5AE-030D-0000 and 26-19-30-5AE-030E-0000 which is
located within the City Limits (map of the subject property attached);
providing for findings and intent, development conditions and the
resolution of disputes by the Planning and Zoning Commission;
providing for the taking of implementing administrative actions;
providing for the adoption of a map and PD master plan by reference;
providing for conflicts; providing for severability; providing for
non -codification and providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
located at 251 South White Cedar Road as a Planned Development (PD) zoning
classification/district being named the 5th Street PD which results from revising the
existing Small Bay PD; and
Whereas, the PD property is located at the east side of South White Cedar
Road south of State Road 46 (West 1st Street East State Road 46) with a project address
of 251 South White Cedar Road; and
Whereas, on October 22, 2007, the City Commission enacted Ordinance
Number 4077 rezoning 2.39 acres at 251 South White Cedar Road to PD, for an
office/warehouse flex space for the Small Bay PD subject to Development Order Number
07-18 which was executed on December 2, 2007; and
Whereas, pursuant Article IV, Section 4.3(G) of the City's Land Development
Regulations, the Small Bay PD zoning expired 3 years from the date of original approval;
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Whereas, the City Commission enacted Ordinance Number 4231 on February
28, 2011 extending the Small Bay PD zoning approval to December 2, 2015, which was 5
years beyond the original 2010 expiration; and
Whereas, on January 25, 2016, Development Order Number 15-16 was
executed to extend the Small Bay PD 3 additional years as the need for the type of space
proposed had not yet returned; and
Whereas, the applicant is now proposing to amend the Small Bay PD, add
additional acreage and to subdivide the property for the purpose of establishing a 49 unit
single family residential community, and rename the PD as the 5th Street PD; and
Whereas, a report relating to a Citizen Awareness and Participation Plan
(CAPP) meeting adhering to the requirements of the City has been held on Monday,
November 26, 2018 at which no interested parties were in attendance but follow-up
communications were received from nearby business and property owners who were
concerned that noise created by the business they operate will generate concerns of the
future residents and, in addition, persons appeared at the meeting of the Planning and
Zoning Commission expressing an array of concerns; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on January 10, 2019 to consider the
rezoning action herein approved and recommended approval of the 5th Street PD for the
subject property as requested by the Property Owner while proposing several conditions
in addition to those proposed by City staff; and
Whereas, the City's Planning and Development Services Department has
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conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; provided, however, that
the requirements of this Ordinance must be adhered to relative to attaining the required
assignment of a land use designation consistent with the requirements of this Ordinance;
and
Whereas, the City staff recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the 5th Street PD rezoning action set forth herein in accordance with
the requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
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memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
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Section 2. Rezoning of real property/implementing actions; the 5th Street
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the 5th Street PD.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the 5th Street PD and to revise and amend the Official Zoning Map or Maps of
the City of Sanford as may be appropriate to accomplish the action taken in this
Ordinance and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3
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years from the effective date of this Ordinance if all improvements have not been
completed or an extension granted.
(2). All development shall be consistent with the 5th Street PD Master Plan,
dated October 2018, as modified as a result of additional conditions, unless otherwise
specifically set forth any associated development order; provided, however, that all
subsequent development orders shall be consistent with the provisions of this Ordinance.
(3). The Property Owner shall formulate and memorialize with City staff a
document of equal dignity herewith, as approved by the City Attorney, creating a
landscaping barrier in the buffers area located between the residential and
commercial/industrial uses such action to occur prior to issuance of a certificate of
occupancy.
(4). An overall sign plan for the subdivision may be approved for the
construction phase as part of a Comprehensive Sign Plan as established in Schedule "K",
Sign Regulations, of the City's LDRs.
(5). A School Capacity Availability Letter of Determination from the Seminole
County School District is required prior to final engineering approval.
(6). A dog walk area with waste collection receptacles shall be provided by the
Property Owner in a common amenity area.
(7). Additional guest parking may be required if deemed necessary during the
subdivision plan review process in order to prevent on street parking subject to the
additional parking not exceeding the thresholds established by the City's LDRs.
(8). Single-family detached shall comply with the following design standards:
(a). Gutters shall be required on residential structures on lots
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with side yard setbacks of less than 7.5 feet.
(b). House plans shall have a variety of architecture and
character, such as alternating roof lines, window patterns, and
entrances. Building shall include articulation along the facades
facing and visible from public rights-of-way. Flat blank walls are
discouraged. At least 2 of the following methods shall be included:
(i). Distinctive roof forms; or
(ii). Changes in materials; or
(iii). Window patterns; or
(iv). Recesses/offsets.
(c). Open space areas such as a tot lot, and amenity areas that
may include amenities such as a swimming pool, seating area,
dog park, or other active recreational elements shall be provided.
(d). Benches or play structures shall be provided in usable
open space areas and along pedestrian pathways.
(e). Neighborhood parks shall have a direct connection to the
pedestrian system and include a tot lot, gazebo, fitness station,
rest station or similar recreation amenity. Neighborhood parks
shall not be located within areas designated for drainage,
stormwater management or other utility purposes and shall be
installed then owned and maintained by the homeowners
association.
(f). Decorative pavers or other decorative hardscape elements
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deemed acceptable by the City Commission shall be provided at
the development entrances and incorporated into recreation
areas.
(g). Street and site lighting shall be decorative and blend with
the architectural style of the development. Lighting shall be
consistent throughout the 5th Street PD and provide adequate
lighting, while minimizing adverse impacts, such as glare and
overhead sky glow.
(h). Benches or play structures shall be provided in usable
open space areas and along pedestrian pathways.
(9). Unless specifically requested and approved on the 5th Street Master Plan,
as modified as a result of additional conditions, or the associated 5th Street PD
development order, all development shall comply with:
(a). Tree mitigation shall be implemented in accordance with
Section 4.2, Criteria For Tree Removal, Replacement And
Relocation, of the City's LDRs.
(b). All setback and buffer requirements set forth in the Sanford
— Seminole County Joint Planning Agreement, as they apply to
this project.
(10). A preliminary subdivision plan and subdivision improvement plan shall be
submitted and subject to approval by the City with all construction activity being subject to
approval by the City, and a subsequent subdivision plat being reviewed, approved and
recorded, in accordance with the provisions of Chapter 177, Florida Statutes, prior to the
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issuance of any certificates of occupancy.
(11). A decorative and functional fountain shall be installed in all wet retention
ponds as part of development approval which approval shall provide for ongoing
maintenance requirements and responsibilities upon the appropriate party, but not the
City.
(12). Unless specifically requested and approved on the 5th Street PD Master
Plan, as modified as a result of additional conditions, or the associated development
order, any required elements missing from or not shown on the modified 5th Street PD
Master Plan shall otherwise comply with the City's LDRs.
(13). Development plans, including, but not limited to, final plats shall note and
stipulate that the subject property is located in the Westside Industry and Commerce
District (WIC), land use designation under the City's Comprehensive Plan and the City's
LDRs. This land use designation allows commercial and industrial uses. Commercial and
industrial uses may be developed in proximity to the 5th Street PD property subject to
then existing land development regulations of the City.
(14). The following design elements will be considered during the development
plan review process of the individual lots upon subdivision:
(a). Site improvements may include the incorporation of low
impact development (oftentimes referred to as "LID") techniques and
crime prevention through environmental design (oftentimes referred
to as "CPTED") guidelines.
(b). Elements of buildings may be constructed incorporating
Leadership in Energy and Environmental Design (oftentimes referred
to as "LEED"), Florida Green, or such other equivalent energy savings
standards as may be approved by the City.
(15). Any dispute relative to the aforementioned matters shall be resolved by the
Planning and Zoning Commission, after a public hearing, by means of a development
order or denial development order relating thereto.
(16). The entry of the subdivision shall be oriented toward South White Cedar
Road with all associated roadway improvements relating there to being accomplished by
the Property Owners.
wall.
(17). The entirety of the wall around the subdivision shall be a concrete stucco
(18). The fill used during the implementation of the development on the PD site
shall be of a grade no more than 12% passing the number 200 slope.
(19). Developer shall install upgraded landscaping and lights along N. White
Cedar Road between the two subdivisions with pedestrian access at the cul-de-sac.
(20). Front yard setbacks to be revised to be 20 feet for the main structure and 25
feet for garage to allow for architectural flexibility to have a front porch or column type
protrusion.
(21). The resolution of all disputes arising from development under the 5th Street
PD shall be resolved by the Planning and Zoning Commission unless otherwise
specifically provided by controlling law.
Section 3. Incorporation of map and 5th Street PD Master Plan for the 5th
Street PD.
The map attached to this Ordinance is hereby ratified and affirmed and
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incorporated into this Ordinance as a substantive part of this Ordinance establishing the
5th Street PD as is the 5th Street PD Master Plan, as modified as a result of additional
conditions.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -codification; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the City's LDRs; provided, however, that the actions taken herein shall be
depicted on the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
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Passed and adopted this 11th day of February, 2019.
Attest: City Commissi
Sanford, Florida
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Traci Houchin, CIVIC, FCRM
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